In Brief
A colour-blind driver was medically unfit for his original post and retired without being offered alternative employment by the Transport Corporation. The Supreme Court held that the 1979 Memorandum of Settlement between the Corporation and unions—which specifically provides alternate employment for colour-blind drivers—remains binding and enforceable. Internal corporate circulars cannot override this statutory settlement. Even without such a settlement, constitutional and statutory duties require employers to assess and offer suitable redeployment before medical retirement. The Court reinstated the driver and directed appointment to a suitable non-driving post at the same pay grade within eight weeks, with 25% salary arrears.
The lawyer headnote and full judgment text are available to registered users.